Transparency News 6/5/15
Friday, June 5, 2015
State and Local Stories
A special prosecutor has been appointed to sort out accusations made in the wake of a controversial decision by the Botetourt County Electoral Board not to reappoint the county’s voter registrar. A court order filed Thursday names Richmond Commonwealth’s Attorney Mike Herring as a special prosecutor in matters involving both the electoral board and Registrar Phyllis Booze that are “currently under investigation but in which no charges are pending.” The order provides no details about the matters under investigation. But several sources said they relate to two separate situations that were brought to the attention of Joel Branscom, commonwealth’s attorney for Botetourt County, in the days after a May 14 vote by the electoral board not to reappoint Booze to another four-year term as registrar. The first matter involves a question of whether two of the three board members who voted against Booze’s reappointment — William “Buck” Heartwell and Paul Fitzgerald — discussed the matter beforehand and outside of an official meeting of the board, in violation of the Virginia Freedom of Information Act.
Roanoke Times
Del. Scott Taylor has settled a $5 million lawsuit accusing his 2013 primary campaign rivals of defamation. A Circuit Court order dismissing the claim last week says the terms are confidential. The defendants were primary opponent Gary C. Byler and several supporters of his campaign. The agreement included the dismissal of two countersuits against Taylor. The squabble stemmed from the nasty 2013 race for the Republican nomination for the 85th District seat in the House of Delegates. Taylor won but in the lawsuit claimed he suffered permanent damage to his reputation because of false information spread by his opponents. That included allegations of drug use and involvement with a prostitute, according to the March 2014 lawsuit. As part of the settlement, several defendants signed a statement saying they believed the information about Taylor was true at the time, according to part of the statement provided by Taylor. When they realized it was not, they apologized "for the embarrassment the use of the information caused," it said.
Virginian-Pilot
A Chesterfield County mother won a state Supreme Court ruling Thursday that revives a defamation lawsuit she filed against school officials following the death of her 7-year-old daughter. Amarria Denise Johnson, a first-grader at Hopkins Elementary School, died Jan. 2, 2012, after a classmate gave her a peanut during recess, which caused a severe allergic reaction. Johnson’s mother, Laura Mary-Beth Pendleton, alleged that following her daughter’s death, county officials made multiple public statements to media outlets implying she was to blame.
Times-Dispatch
The assistant Fairfax County attorney who was fired for winning election to the Fairfax City Council is now suing the county in federal court, claiming that her First Amendment right to free speech was violated. Nancy Fry Loftus worked for Fairfax County Attorney David Bobzien for 17 years, almost exclusively in bankruptcy and tax collection issues. She said that Bobzien initially gave her permission to run for the council, but later ruled that if she won, she would be fired. Serving the city would be a conflict of interest in its dealings with the county, Bobzien said. In a suit filed Tuesday in U.S. District Court in Alexandria, Loftus sued Bobzien and County Executive Edward L. Long Jr., who upheld Bobzien in an internal grievance process.
Washington Post
National Stories
The Connecticut Senate gave final legislative approval early Wednesday to a bill that restores much of the access to police arrest records that the public lost last year because of a state Supreme Court ruling. The bill was approved unanimously without debate, as one of numerous measures listed on the Senate's consent calendar, and it now goes to the governor for his signature. Last summer the Supreme Court issued a ruling in favor of the state police and against the state Freedom of Information Commission — saying that police departments need release only minimal information about arrests while the prosecution of a defendant is pending. However, the new bill would guarantee the public much of the same, although not all, of the access to arrest records that it had for decades before the controversial court ruling.
Hartford Courant
The N.C. House voted 79-36 and -- minutes later -- the N.C. Senate voted 32-15 to override Gov. Pat McCrory's veto of a bill aimed at discouraging undercover investigations of farm and workplace conditions. Opponents call the measure an "ag-gag" bill and say it doesn't offer enough protections for whistleblowers. Supporters argue it's needed to protect businesses. The bill will create a recourse in civil court for business owners to sue employees who use their positions to secretly take photographs or shoot video in their workplace. It could also be used to sue workers who steal data, documents or merchandise; it's aimed at small-time thieves and corporate spies. Employers could sue for punitive damages of $5,000 a day in addition to compensation for actual damages.
Governing
Days after a blistering attack from an angry lawmaker, the Securities and Exchange Commission released an analysis Thursday of the complexities in calculating the ratio of CEO pay to worker earnings. The 2010 revamp of financial regulation required that publicly traded companies publish the ratio as a disincentive to excessive CEO compensation. Critics argued back then that excessive CEO pay rewarded the Wall Street risk taking that brought about the 2008 financial crisis.
McClatchy
Nearly 4 million past and current federal employees may have fallen victim to the latest cybersecurity attack against the Office of Personnel Management. The federal agency said in a statement that it discovered the breach in April, during a recent push to update the its "cybersecurity posture." OPM says people's names, social security numbers, dates and places of birth, and current and former addresses were hacked. The department says once it discovered the breach, it "immediately implemented additional security measures to protect the sensitive information it manages." OPM is also partnering with the U.S. Department of Homeland Security's U.S. Computer Emergency Readiness Team and the FBI to determine how federal personnel will be affected.
NPR
A New Mexico judge ordered media to give 24-hour notice of a desire to cover proceedings in her courthouse, inspiring a storm of criticism and her Thursday admission of having gone overboard. Nan Nash, chief judge of the Second Judicial District in Albuquerque, said she’d been “overbroad” and would rewrite a startling policy issued Tuesday. The original missive came amid media coverage of a policeman’s murder. Reporters sought information related to the suspected killer, namely why he was not sentenced to prison in an earlier, unrelated case.
Poynter
Baltimore's top prosecutor plans to seek a protective order that would block the release of Freddie Gray's autopsy report and other documents as she prosecutes police over his arrest, the Baltimore Sun reported on Thursday. State's Attorney Marilyn Mosby told the newspaper that prosecutors "have a duty to ensure a fair and impartial process for all parties involved" and "will not be baited into litigating this case through the media."
Reuters
The number of newly created national security secrets dropped to a record low level last year, but the financial costs of protecting classified information increased sharply, according to the latest data from the Information Security Oversight Office. Original classification activity -- meaning the designation of new classified information -- declined by 20 percent in 2014 to a historic low of 46,800 original classification decisions, ISOO said in its new annual report for Fiscal Year 2014. It was the fourth consecutive year of reductions in original classifications. ISOO has never reported a smaller number of original classification decisions. Ten years earlier (FY 2004), for example, original classification activity was reported at 351,150 original classification decisions.
Secrecy News
Editorials/Columns
This week's thorns go to: The Pittsylvania County Board of Supervisors, which must pay more than $70,000 in court costs after losing a lawsuit over the board members' insistence on leading a prayer at the start of each session, rather than allowing individual citizens volunteer to lead the prayers.
Daily Press
Loud cheers for Virginia’s oil and gas advisory panel. The group has courageously recommended that fracking companies be required to disclose the chemical ingredients they inject underground during their mining processes. Without knowing what chemicals are being injected, scientists cannot even know whether the chemicals are harmful — much less whether they are escaping the site to threaten water quality miles distant. Asking companies to reveal the chemicals used in underground processes is a necessary and eminently fair proposal.
Daily Progress
We will say what politicians want to but won’t: Raise their salary. We have conditions, of course. Enact strong ethics reform with that pay increase. Make all those gifts and trips and meals — the ones that remain legal even post-McDonnell — not so tempting. Further, tie future raises to inflation. We have advocated that for low-income workers. Raise the minimum wage to a reasonable rate and then match pay increases to the rate of inflation. Let’s do this with our General Assembly members as well. We want our General Assembly to remain part-time and closely connected to their home communities. We also want them fairly compensated for the long hours they put in setting policy and passing budgets.
News Leader
State and Local Stories
A special prosecutor has been appointed to sort out accusations made in the wake of a controversial decision by the Botetourt County Electoral Board not to reappoint the county’s voter registrar. A court order filed Thursday names Richmond Commonwealth’s Attorney Mike Herring as a special prosecutor in matters involving both the electoral board and Registrar Phyllis Booze that are “currently under investigation but in which no charges are pending.” The order provides no details about the matters under investigation. But several sources said they relate to two separate situations that were brought to the attention of Joel Branscom, commonwealth’s attorney for Botetourt County, in the days after a May 14 vote by the electoral board not to reappoint Booze to another four-year term as registrar. The first matter involves a question of whether two of the three board members who voted against Booze’s reappointment — William “Buck” Heartwell and Paul Fitzgerald — discussed the matter beforehand and outside of an official meeting of the board, in violation of the Virginia Freedom of Information Act.
Roanoke Times
Del. Scott Taylor has settled a $5 million lawsuit accusing his 2013 primary campaign rivals of defamation. A Circuit Court order dismissing the claim last week says the terms are confidential. The defendants were primary opponent Gary C. Byler and several supporters of his campaign. The agreement included the dismissal of two countersuits against Taylor. The squabble stemmed from the nasty 2013 race for the Republican nomination for the 85th District seat in the House of Delegates. Taylor won but in the lawsuit claimed he suffered permanent damage to his reputation because of false information spread by his opponents. That included allegations of drug use and involvement with a prostitute, according to the March 2014 lawsuit. As part of the settlement, several defendants signed a statement saying they believed the information about Taylor was true at the time, according to part of the statement provided by Taylor. When they realized it was not, they apologized "for the embarrassment the use of the information caused," it said.
Virginian-Pilot
A Chesterfield County mother won a state Supreme Court ruling Thursday that revives a defamation lawsuit she filed against school officials following the death of her 7-year-old daughter. Amarria Denise Johnson, a first-grader at Hopkins Elementary School, died Jan. 2, 2012, after a classmate gave her a peanut during recess, which caused a severe allergic reaction. Johnson’s mother, Laura Mary-Beth Pendleton, alleged that following her daughter’s death, county officials made multiple public statements to media outlets implying she was to blame.
Times-Dispatch
The assistant Fairfax County attorney who was fired for winning election to the Fairfax City Council is now suing the county in federal court, claiming that her First Amendment right to free speech was violated. Nancy Fry Loftus worked for Fairfax County Attorney David Bobzien for 17 years, almost exclusively in bankruptcy and tax collection issues. She said that Bobzien initially gave her permission to run for the council, but later ruled that if she won, she would be fired. Serving the city would be a conflict of interest in its dealings with the county, Bobzien said. In a suit filed Tuesday in U.S. District Court in Alexandria, Loftus sued Bobzien and County Executive Edward L. Long Jr., who upheld Bobzien in an internal grievance process.
Washington Post
National Stories
The Connecticut Senate gave final legislative approval early Wednesday to a bill that restores much of the access to police arrest records that the public lost last year because of a state Supreme Court ruling. The bill was approved unanimously without debate, as one of numerous measures listed on the Senate's consent calendar, and it now goes to the governor for his signature. Last summer the Supreme Court issued a ruling in favor of the state police and against the state Freedom of Information Commission — saying that police departments need release only minimal information about arrests while the prosecution of a defendant is pending. However, the new bill would guarantee the public much of the same, although not all, of the access to arrest records that it had for decades before the controversial court ruling.
Hartford Courant
The N.C. House voted 79-36 and -- minutes later -- the N.C. Senate voted 32-15 to override Gov. Pat McCrory's veto of a bill aimed at discouraging undercover investigations of farm and workplace conditions. Opponents call the measure an "ag-gag" bill and say it doesn't offer enough protections for whistleblowers. Supporters argue it's needed to protect businesses. The bill will create a recourse in civil court for business owners to sue employees who use their positions to secretly take photographs or shoot video in their workplace. It could also be used to sue workers who steal data, documents or merchandise; it's aimed at small-time thieves and corporate spies. Employers could sue for punitive damages of $5,000 a day in addition to compensation for actual damages.
Governing
Days after a blistering attack from an angry lawmaker, the Securities and Exchange Commission released an analysis Thursday of the complexities in calculating the ratio of CEO pay to worker earnings. The 2010 revamp of financial regulation required that publicly traded companies publish the ratio as a disincentive to excessive CEO compensation. Critics argued back then that excessive CEO pay rewarded the Wall Street risk taking that brought about the 2008 financial crisis.
McClatchy
Nearly 4 million past and current federal employees may have fallen victim to the latest cybersecurity attack against the Office of Personnel Management. The federal agency said in a statement that it discovered the breach in April, during a recent push to update the its "cybersecurity posture." OPM says people's names, social security numbers, dates and places of birth, and current and former addresses were hacked. The department says once it discovered the breach, it "immediately implemented additional security measures to protect the sensitive information it manages." OPM is also partnering with the U.S. Department of Homeland Security's U.S. Computer Emergency Readiness Team and the FBI to determine how federal personnel will be affected.
NPR
A New Mexico judge ordered media to give 24-hour notice of a desire to cover proceedings in her courthouse, inspiring a storm of criticism and her Thursday admission of having gone overboard. Nan Nash, chief judge of the Second Judicial District in Albuquerque, said she’d been “overbroad” and would rewrite a startling policy issued Tuesday. The original missive came amid media coverage of a policeman’s murder. Reporters sought information related to the suspected killer, namely why he was not sentenced to prison in an earlier, unrelated case.
Poynter
Baltimore's top prosecutor plans to seek a protective order that would block the release of Freddie Gray's autopsy report and other documents as she prosecutes police over his arrest, the Baltimore Sun reported on Thursday. State's Attorney Marilyn Mosby told the newspaper that prosecutors "have a duty to ensure a fair and impartial process for all parties involved" and "will not be baited into litigating this case through the media."
Reuters
The number of newly created national security secrets dropped to a record low level last year, but the financial costs of protecting classified information increased sharply, according to the latest data from the Information Security Oversight Office. Original classification activity -- meaning the designation of new classified information -- declined by 20 percent in 2014 to a historic low of 46,800 original classification decisions, ISOO said in its new annual report for Fiscal Year 2014. It was the fourth consecutive year of reductions in original classifications. ISOO has never reported a smaller number of original classification decisions. Ten years earlier (FY 2004), for example, original classification activity was reported at 351,150 original classification decisions.
Secrecy News
Editorials/Columns
This week's thorns go to: The Pittsylvania County Board of Supervisors, which must pay more than $70,000 in court costs after losing a lawsuit over the board members' insistence on leading a prayer at the start of each session, rather than allowing individual citizens volunteer to lead the prayers.
Daily Press
Loud cheers for Virginia’s oil and gas advisory panel. The group has courageously recommended that fracking companies be required to disclose the chemical ingredients they inject underground during their mining processes. Without knowing what chemicals are being injected, scientists cannot even know whether the chemicals are harmful — much less whether they are escaping the site to threaten water quality miles distant. Asking companies to reveal the chemicals used in underground processes is a necessary and eminently fair proposal.
Daily Progress
We will say what politicians want to but won’t: Raise their salary. We have conditions, of course. Enact strong ethics reform with that pay increase. Make all those gifts and trips and meals — the ones that remain legal even post-McDonnell — not so tempting. Further, tie future raises to inflation. We have advocated that for low-income workers. Raise the minimum wage to a reasonable rate and then match pay increases to the rate of inflation. Let’s do this with our General Assembly members as well. We want our General Assembly to remain part-time and closely connected to their home communities. We also want them fairly compensated for the long hours they put in setting policy and passing budgets.
News Leader
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